Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 500.000 - Adult Use of Marijuana
Section 500.802 - Suitability Standard for Registration as a Marijuana Establishment Agent
Current through Register 1531, September 27, 2024
(1) In accordance with M.G.L. c. 94G, § 4(a1/2)(iii), the Commission has established qualifications for licensure and minimum standards for employment that are directly and demonstrably related to the operation of a Marijuana Establishment and similar to qualifications for licensure and employment standards in connection with alcoholic beverages as regulated under M.G.L. c. 138, provided that a prior conviction solely for a Marijuana-related offense or for a violation of M.G.L. c. 94C, § 34 shall not disqualify an individual or otherwise affect eligibility for employment or licensure in connection with a Marijuana Establishment, unless the offense involved the distribution of a controlled substance, including Marijuana, to a minor.
(2) For purposes of determining suitability based on background checks in accordance with 935 CMR 500.030 and 500.101:
(3) Registered Agents shall remain suitable at all times a License or registration remains in effect. An individual subject to 935 CMR 500.802, shall notify the Commission in writing of any charge or conviction of an offense that would result in a presumptive negative suitability determination or mandatory disqualification under 935 CMR 500.802: Tables B through D within ten days of such individual's arrest or summons, and within ten days of the disposition on the merits of the underlying charge. Failure to make proper notification to the Commission may be grounds for disciplinary action. If the Commission lawfully finds a disqualifying event and the individual asserts that the record was sealed, the Commission may require the individual to provide proof from a court evidencing the sealing of the case.
Table B: Retail, Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement, Social Consumption Establishment, and Transporter Marijuana Establishment Agents. Applies solely to applicants for registration as a Marijuana Establishment Agent at a Marijuana Establishment licensed pursuant to 935 CMR 500.100, as a Marijuana Retailer, Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement, Social Consumption Establishment, or as a Marijuana Transporter, under 935 CMR 500.050.
Time Period |
Precipitating Issue |
Result |
Present (during time from start of application process through action on application or renewal). |
Open/Unresolved Criminal Proceedings: Any outstanding or unresolved criminal proceeding for an offense involving the distribution of a controlled substance, including Marijuana, to a minor. |
Presumptive Negative Suitability Determination |
Present |
Open Professional or Occupational License Cases |
Presumptive Negative Suitability Determination |
Present |
Open/Unresolved Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions): An outstanding or unresolved violation of the regulations as included in 935 CMR 500.000 or a similar statute or regulations of an Other Jurisdiction, which has either (a) remained unresolved for a period of six months or more; or (b) the nature of which would result in a determination of unsuitability for registration. |
Presumptive Negative Suitability Determination |
Present |
Submission of Untruthful Information to the Commission Including, but Not Limited to: Submission of information in connection with an agent application, waiver request or other Commission action that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity including lack of disclosure or insufficient disclosure; or making statements during or in connection with a Commission inspection or investigation that are deceptive, misleading, false or fraudulent, or that tend to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure. |
Presumptive Negative Suitability Determination |
Indefinite |
Conviction or Continuance without a Finding (CWOF) for Any Distribution of a Controlled Substance to a Minor |
Mandatory Disqualification |
Indefinite |
The applicant's or Licensee's prior actions posed or would likely pose a risk to the public health, safety, or welfare; and the risk posed by the applicant's or Licensee's actions relates or would likely relate to the operation of a Marijuana Establishment. |
May make a Negative Suitability Determination in accordance with 935 CMR 500.800(8) |
Table C: Marijuana Product Manufacturer Marijuana Establishment Agents. Applies solely to applicants for registration as an agent at a Marijuana Establishment licensed pursuant to 935 CMR 500.100 as a Marijuana Product Manufacturer under 935 CMR 500.050.
Time Period |
Precipitating Issue |
Result |
Present (during time from start of application process through action on application or renewal). |
Open/Unresolved Criminal Proceedings: Any outstanding or unresolved criminal proceeding for an offense involving the distribution of a controlled substance, including Marijuana, to a minor. |
Presumptive Negative Suitability Determination |
Present |
Open Professional or Occupational License Cases |
Presumptive Negative Suitability Determination |
Present |
Open/Unresolved Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions): An outstanding or unresolved violation of the regulations as included in 935 CMR 500.000 or a similar statute or regulations in an Other Jurisdiction, that has either (a) remained unresolved for a period of six months or more; or (b) the nature of which would result in a determination of unsuitability for registration. |
Presumptive Negative Suitability Determination |
Present |
Submission of Untruthful Information to the Commission Including, but Not Limited to: Submission of information in connection with an agent application, waiver request or other Commission action that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure; or making statements during or in connection with a Commission inspection or investigation that are deceptive, misleading, false or fraudulent, or that tend to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure. |
Presumptive Negative Suitability Determination |
Indefinite |
The applicant's or Licensee's prior actions posed or would likely pose a risk to the public health, safety, or welfare; and the risk posed by the applicant's or Licensee's actions relates or would likely relate to the operation of a Marijuana Establishment. |
May make a Negative Suitability Determination in accordance with 935 CMR 500.800(8) |
Indefinite |
Conviction or Continuance without a Finding (CWOF) for Any Distribution of a Controlled Substance to a Minor |
Mandatory Disqualification |
Table D: Cultivation Marijuana Establishment Agents. Applies solely to applicants for registration as an Agent at a Marijuana Establishment licensed as a Marijuana Cultivator or Craft Marijuana Cooperative.
Time Period |
Precipitating Issue |
Result |
Present (during time from start of application process through action on application or renewal). |
Open/Unresolved Criminal Proceedings: Any outstanding or unresolved criminal proceeding for an offense involving the distribution of a controlled substance, including Marijuana, to a minor. |
Presumptive Negative Suitability Determination |
Present |
Open Professional or Occupational License Cases |
Presumptive Negative Suitability Determination |
Present |
Open/Unresolved Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions): An outstanding or unresolved violation of the regulations as included in 935 CMR 500.000 or a similar statute or regulations in an Other Jurisdiction, that has either (a) remained unresolved for a period of six months or more; or (b) the nature of which would result in a determination of unsuitability for registration |
Presumptive Negative Suitability Determination |
Present |
Submission of Information to the Commission Including, but Not Limited to: Submission of information in connection with an agent application, waiver request or other Commission action that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure; or making statements during or in connection with a Commission inspection or investigation that are deceptive, misleading, false or fraudulent, or that tend to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure. |
Presumptive Negative Suitability Determination |
Indefinite |
Conviction or Continuance without a Finding (CWOF) for Any Distribution of a Controlled Substance to a Minor |
Mandatory Disqualification |
Indefinite |
The applicant's or Licensee's prior actions posed or would likely pose a risk to the public health, safety, or welfare; and the risk posed by the applicant's or Licensee's actions relates or would likely relate to the operation of a Marijuana Establishment. |
May make a Negative Suitability Determination in accordance with 935 CMR 500.800(8) |